such teacher in the school where he or she may at the time be employed, but such teacher must be paid up to the time of receiving notice of such revocation. The authority revoking such certificate must immediately notify the director of the school district or the secretary of the board of education where such teacher is employed. And the authority revoking such certificate shall notify the teacher of such revocation, and must enter his action in such case in the books or records of his office. Provided, however, that no certificate shall be revoked without due notice from the proper authority, and an opportunity given the teacher to explain or defend his or her conduct. History.-Laws 1905, H. R. 48, sec. 13; in force fully October 1. 11114n. Fees for certificate-Support teachers institute. Each applicant who is examined for a county certificate shall pay one dollar and fifty cents to the county superintendent, one dollar of which shall go to the teachers' institute fund to be used by him in support of teachers' institutes as provided in section 11152 of subdivision 10, Chapter 51, Cobbey's Annotated Statutes of Nebraska for 1903; and fifty cents of said fee shall be used by the superintendent of public instruction as hereinafter provided. It shall be the duty of the county superintendent immediately after each examination to forward. fifty cents for each applicant for a teacher's county certificate at such examination to the superintendent of public instruction, such sums to be used by him as hereinafter provided. Each applicant for a professional state certificate shall pay one dollar to the superintendent of public instruction, to be used by him as hereinafter provided. History.-Laws 1905, H. R. 48, sec. 14; in force fully October 1. 11114o. State certificate registered with county superintendent. Each holder of an elementary state certificate, or a professional state certificate good for life shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which fee shall go into the institute fund of such county. History.-Laws 1905, H. R. 48, sec. 15; in force fully October 1. 11114p. Provisions for carrying out this act. For the purpose of carrying out the provisions of this act, the superintendent of public instruction is hereby authorized to use all fees that may come into his hands as provided herein and also such amount from the appropriations for his office expenses as may be necessary for the payment of the state examining committee and clerical assistance as herein provided for the preparation of examination questions and for the reading of all teachers' answer papers, and work and expenses connected therewith. Provided, That if the fees received by the superintendent of public instruction shall be in excess of the amount necessary for payment of the state examining committee and clerical assistance and other expenses connected with such examinations, such excess shall be returned to the respective county superintendents pro rata according to the amount received. from each county, and the amounts so returned shall go into the institute funds of such counties. The superintendent of public instruction shall make a semiannual statement to the governor of all moneys received by him for such fund and of all moneys disbursed by him from such fund, and also a statement showing how much money, if any, he shall have found necessary to use from the appropriations for his office expenses in carrying out the provisions of this act. History.-Laws 1905, H. R. 48, sec. 16; in force fully October 1. 11114q. High school teacher must be college graduate. On and after September 1, 1907, no person shall be granted a certificate to teach in the high school department of any high school district or in the high school department of any city school district in this state who is not a graduate from a regular four year course of a college or university, or a graduate from the advanced course of a college, university or normal school in this state authorized by law to grant teachers' certificates, or who does not hold a professional state certificate obtained from the state superintendent on examination before him or a committee appointed by him as provided by law. History.-Laws 1905, H. R. 48, sec. 18; in force fully October 1. 11114r. Grade teacher must have at least second grade county certificate. On and after September 1, 1907, no person shall be eligible to teach in the grades below the high school department in any high school district or in the grades below the high school department in any city school district in this state who does not hold at least a second grade county certificate issued in Nebraska. History.-Laws 1905, H. R. 48, sec. 19; in force fully October 1. 11136. 4. Semble. Where a teacher partly performed his contract and school was suspended on account of smallpox, he should offer to teach out the term when the 11139 and 11140. Repealed, see 11114a. 11166. Condemnation of land for schoolhouse site. If the owner of any real estate on which a school board may desire to locate a school house refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damages, with exact location of land, and who shall file and preserve the same in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services. Provided however, that whenever it shall become necessary to appropriate private property for general school purposes in school districts in metropolitan cities and such appropriation shall be declared necessary by resolution of the Board of Education of a school district organized within the limits of a metropolitan city which said. resolution shall be conclusive of the necessity for such appropriation, the county judge of the county in which said real estate may be situated, shall, upon the application of said Board of Education of such school district located in a metropolitan city, appoint three disinterested free holders of the school district in which such real estate is situated, who after being duly sworn to perform the duties of their appointment with fidelity and impartiality and after reasonable notice to the owners and parties interested in said property, the time and manner of said notice to be determined by the order of said county judge, shall assess the damages to the owners of the property and parties interested therein respectively taken by such appropriation. Such assessment shall be reported in writing to the county judge of said county and if the same shall be confirmed by said Board of Education, the damages so assessed shall be paid to the owners of such property or deposited with the county judge of said county, subject to the order of such owner or owners, respectively, after which such property may at any time be taken for the use of the school district and said school district shall be entitled to the process of the court to place it into immediate possession of said property. If the assessment be not confirmed by the Board of Education, proceedings may be taken anew to assess the damages upon application of the Board of Education for the appointment of other and different appraisers, whereupon said county judge shall make an order of appointment of different appraisers and proceedings shall be had in like manner as herein provided for. History. All after* added 1905, S. F. 186; in force March 30. 11167. Board pay assessed value-When abandoned site revert. The school board shall pay the cost of this appraisement, and after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest. * Provided, however, that property taken under the provisions of this act by school districts in metropolitan cities shall vest a fee simple title in such school district. History. All after added 1905, S. F. 186, sec. 2; in force March 30. 11168. Only one acre taken except in Omaha. When land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence. Provided, however, that the provisions of this section shall not apply to school districts in metropolitan cities. History. All after * added 1905, S. F. 186; in force March 30. 11169. Appeal from appraisement. The owner of land thus taken may appeal to the district court, and such appeal shall be taken within sixty days and in the same manner and by the same proceedings as in cases of condemnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave. * Provided, however, that in the exercise of the right of eminent domain by school districts in metropolitan cities, the owner of the land thus taken shall have the right to appeal from the assessment of damages to the district court of the county in which such property is situate within thirty days after the assessment provided for in this act and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the secretary of the Board of Education of such school district to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken and in no case shall said school district be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said free holders. The remedy by appeal herein allowed, shall be deemed and held to be exclusive. Upon appeal being taken by any person from any award or assessment of damages, the School District shall have the right, by giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeal shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeal such priority and precedence. The proceedings on appeal to the district court and for review by the supreme court of the proceedings on appeal shall be similar to the proceedings in like cases under the laws of the state which shall apply thereto so far as applicable. History. All after * added 1905, S. F. 186, sec. 4; in force March 30. 11170. Site on state land-How obtained. When it is desired to locate a school house site on school land belonging to the state, the state land commissioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases. History.-Reenacted 1905, S. F. 186, sec. 5; in force March 30. 11180. Normal school diploma equal to state certificate. Any student of good moral character having completed the elementary course of the state normal schools of this state shall be granted an elementary state certificate by the board of education of the state normal schools, which shall be good for a term of not less than one year and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Any student completing the higher course of study in a satisfactory manner shall be granted by the board. of education of the state normal schools a diploma which shall be recognized as a first grade state certificate, which shall entitle the holder to teach in any of the schools of the state without further examination for the space of three years. Any graduate of the higher course, who shall, after graduation, teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be granted by the board of education. of the state normal schools an additional diploma which shall be recognized as a professional state certificate good for life. Provided, That any teacher producing satisfactory proof of three years' successful teaching previous to graduation in the higher course of study may receive such diploma upon graduation. Provided, That no life diplomas shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit; unless said diploma be endorsed by the state superintendent; Provided, That each holder of a certificate from the elementary course, or a diploma from the higher course, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach; and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said. county. History-Laws 1905, H. R. 48, sec. 17; in force fully October 1. Secs. 11217a to 11217f. An act to enable the regents of the University of Nebraska to condemn lands needed for said university, and to provide the mode of and procedure in such condemnation. Burns's university eminent domain bill. 1905, H. R. 169; in force July 1. 11217a. Board of regents condemn land for the university. The Regents of the University of Nebraska are hereby given power and authority to acquire by condemnation lands necessary for said University. History-Laws 1905, H. R. 169, sec. 1; in force July 1. 11217b. Mode of exercising right. Whenever the said Regents and any owner of lands required by said University for its campus, extension of its campus, or the use of any college, department, experiment station, or sub-station thereof, shall not be able to agree upon the price or value of such land, the said Regents may file in the office of the Clerk of the District Court of the county in which said lands lie, a plat of the lands so required, together with an abstract of the title to said lands, as shown by the records of said county. Upon certificate of said clerk that such plat and abstract have been filed as aforesaid, the Governor shall appoint six (6) disinterested freeholders, residents of the state, not more than two of whom shall be residents of said county, whose duty it shall be to carefully inspect and view said lands, and hear all parties interested therein in reference to the amount of damages and the value of said lands, when they are so inspecting and reviewing the same, and for that purpose the said appraisers shall give the parties interested reasonable notice of their proposed inspection and view of the lands, and thereafter they shall assess the value of such lands and the damages which the owners thereof shall sustain by the appropriation of such lands, and make report in writing to the District Court of said county. History.-Laws 1905, H. R. 169, sec. 2; in force July 1. 11217c. How pay for land taken. The said Regents shall, within thirty days after the filing of said report, deposit with the Clerk of said County, warrants duly executed upon such fund as the Regents may have available for the purchase or acquisition of lands, drawn to the owner or owners of said lands as shown by the abstract filed as aforesaid, and for the purpose of issuing said warrants no other or further voucher shall be required than a certified copy of said award, certified to by the clerk of said court, and thereupon said clerk shall certify said award under his seal and transmit the same to the Register of Deeds of said county for record, and said Register of Deeds shall file, record and index the same in the same manner as in case of condemnation for railroad right-of-way, and thereupon the said Regents shall be authorized to enter upon and take possession of such lands. History.-Laws 1905, H. R. 169, sec. 3; in force July 1. 11217d. Appeal-Notice-Hearing. Either party may, within sixty (60) days after the filing of said award, appeal therefrom to the District Court of the county where said lands lie. Such appeal shall be taken by serving upon the adverse party a notice of such appeal and filing such notice and proof of service thereof with the Clerk of said court within said sixty (60) days. Thereupon said appeal shall be set down for hearing at the next term of said court, and shall be heard and determined in like manner as appeals from awards in condemnations for railroad right-of-way. Such appeal shall not affect the right or authority of said Regents to enter upon and take possession of the lands so condemned. If on appeal the appellant shall not obtain a more favorable judgment and award than was given by said ap |